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Show SPRING WATERS 595 of 1877, if not before, all nonnavigable waters then a part of the public domain became publici juris, subject to the plenary control of the public land States.150 Source of Spring The sources of springs are ground waters; therefore it is inevitable that controversies would arise between claimants to the right to use springs and those who claim the right to intercept tributary ground waters. Generally, the issue has been settled by applying the principles relating to ownership and use of ground waters. Where the spring in question does not flow from the land on which located, the owner of such land has often been accorded the right of an owner of land overlying ground water, under whatever ground water doctrine prevails in the jurisdiction in question, as against others who intercept the flow of ground water to his land and thence to his spring located thereon.151 Where the spring is the source of a watercourse, the question then is the relation between claimants of rights to tributary ground waters and rights to waters of the stream. On this question, there are varying rules in the several jurisdictions. Several decisions are to the effect that in acquiring an appropriative right to a spring on public land, the source of the water is not controlling; that is, that the spring may originate either from percolating water or from a definite underground stream.152 Developed Spring Water The use of the word "develop" in this context means to enlarge in size, by artificial means, with a resulting increase in yield of water. This refers essentially to new water in the area. Decisions from several States have been to the effect that the person responsible for developing a spring by artificial means, is entitled to the increased flow resulting from such development.153 This doctrine was applied in a Washington case in which the increase was caused by return from irrigation water brought from another watershed, as 150'California OregonPower Co. \. Beaver Portland Cement Co., 295 U.S. 142 (1935). 151 Ground water doctrines are discussed in chapters 19 and 20 infra. If such a spring is the origin of diffused surface waters, applicable rules of law regarding such waters may apply. With respect to such rules, see chapter 17 supra. 1S2LeQuime v. Chambers, 15 Idaho 405, 98 Pac. 415 (1908); Peterson v. Wood, 71 Utah 77, 262 Pac. 828(1927). '"Churchill v. Rose, 136 Cal. 576, 578-579, 69 Pac. 416 (1902); Gutierrez v. Wege, 145 Cal. 730, 734, 79 Pac. 449 (1905); St. John Irrigating Co. v. Danforth, 50 Idaho 513, 517, 298 Pac. 365(1931). |
